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2025 DAILYLAW 85575 (KAR)

K.H.M VIJAYAKUMAR v. SMT RUPASREE S

CCC/100333/2025 · 2025-10-13

Geetha K B, S G Pandit

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13731-DB CCC No. 100333 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. CIVIL CONTEMPT PETITION NO.100333 OF 2025 BETWEEN: K.H.M VIJAYAKUMAR, AGE. 73 YEARS, OCC. PRINCIPAL RTD., R/O. H.NO.522, 3RD CROSS, BASAVESHWAR NAGAR, HOSPET, TQ. HOSPET, DIST. VIJAYANAGAR-583201. …COMPLAINANT (BY SRI. S.S. PATIL, ADVOCATE) AND: 1. SMT. RUPASREE S., THE DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT, PALACE ROAD, BANGALORE-560001. VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13731-DB CCC No. 100333 of 2025 2. SRI. GOPAL, THE DEPUTY DIRECTOR OF PRE-UNIVERSITY, DEPARTMENT OF HIGHER EDUCATION, VIJAYANAGAR, TQ. & DIST. VIJAYANAGAR-560001. …ACCUSED 3. THE STATE GOVERNMENT, REP. BY GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …PROFORMA RESPONDENT (BY SRI. SHARAD V. MAGADUM, AGA FOR PROFORMA RESPONDENT) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA 1950, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED REGARDING THE NON COMPLIANCE OF THE ORDER DATED 06/08/2024 PASSED BY THIS HON’BLE COURT IN WP NO.104675/2024 (S-R) PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE. THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13731-DB CCC No. 100333 of 2025 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This contempt petition is filed complaining disobedience of the order dated 06.08.2024 passed in W.P. No.104675 of 2024, whereunder this Court passed the following order: “6. Therefore, Writ Petition is disposed of permitting petitioner to submit fresh representation to respondents within a period of fifteen days from the date of receipt of certified copy of order and if same is submitted, respondents are directed to consider same, in accordance with law and pass appropriate order under intimation to petitioner within a period of four months.” 2. This Court permitted the complainant/petitioner to submit fresh representation to respondents within a period of fifteen days from the date of receipt of certified copy of order and if the same was submitted the respondents were directed to consider the same and pass appropriate order. However, it is noticed that the complainant/petitioner failed to obey the first part of the order which permitted the complainant to submit representation within fifteen days. The complainant/petitioner - 4 - HC-KAR NC: 2025:KHC-D:13731-DB CCC No. 100333 of 2025 submitted a representation (Annexure-B) on 23.12.2024 nearly after four months from the date of the order. Annexure-C, the postal receipt would also indicate that representation was sent through registered post on 23.12.2024. The complainant has not obtained extension of time. When the complainant/petitioner himself has not obeyed the first part of the order of the learned Single Judge, it is not open for him to allege disobedience of the order against the respondents/accused. It is open for the complainant/petitioner to seek other remedies available. 3. With the above observation, contempt proceedings stand dropped. Pending interlocutory applications stand disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 15